Unorthodox Election

I think they really wanted to resign and there was a printed ballot that already left the barn.

Here is a link for you to take a look while the pros get back to you.

https://www.davis-stirling.com/HOME/D/Directors-Officers-Committees-Ethics-Menu

They were elected. They can serve if they desire.

I think the first thing you need to do is grok the difference between a HOA Board director and an HOA officer (President, VP, Treasurer, Secretary). Nationwide in almost all cases: The owners elect directors (or possibly when there is an unexpected vacancy on the board, the other directors will appoint a director). But the Board elects officers.

When this president sent a letter saying he was resigning, did he say he was resigning as President? Or as a director? Or both? Legally it matters.

Just had a few hours is "The Chair" the chemo chip, that is, so am tired .JUst a couple of things:

In CA, there is no requirement in Non-profit Corp.Code for the Board to "accept" a resignation. But check your Bylaws to see if such a requirement is there.

BUT if s/he sent the "resignation" to all owners, it is not valid -- I may be wrong: The letter of resignation should be addressed to the Board. All other owners & the PM could be copied.

"The homeowners were not notified of the status of the former president’s candidacy." What does this mean??? Are you saying, something should have been sent to owners that says, "Director xx xxx resigned effective xx/xx/xxxx" (IF resignation was legal!) "X xxx, however, continues to seek reelection for a director's 2 year term, for which your association is holding an election."

I'm thinking that resignation from their current term does not deny them the right to seek election on that ballots that were already sent out. In addition, in CA, the names of candidates have to go to Owners quite a long tine before the ballots are sent.

I fate blots DO say "election for president," your HOA really is a mess

Thanks, Terri--truth is I was hoping you' go-follow up to are if my memories above are correct or brain-fog crazeeeee.

It might a good question if the required Candidates Form does not state that the candidate is running for a seat on the board of directors. That's what ours says an is probably requires. The positions xxx now hold do not matter b/c s/he resigned from them or thinks they did.

Our Candidates Form als also asks to fill out a blank about their current occupation. This form doesn't 'go to voters.Thier-authored Candidate Statement discusses their occupation, which they often discuss to show that thier bakgorun would be useful for boat service.

So we don't know, as Marshall suggested, that xxxx did not complete the form honestly, which th Board would see, or refer to their mgmt. contract with the Association on their Candiate Statement

howdy and thanks for filling us in.

As an association member does the list of reasons the person did not want to run cause any alarms or issues>

the money item was a red flag for me.

Just wanted to know you thoughts and if you need this discussion board to assist on anything new in addition to your original request.

In my opinion, the possible failure of various voters to ask questions is on them. If this person received enough votes from owners to be elected, then IMO he/she is lawfully elected to the board of directors. If he/she wants to resign again, then this is his/her choice. He/she is free to run for President again, though remember that chances are, the board (not owners) select the president.

I hope no one spends money on an attorney over this issue. Why? Because I think it is unlikely the answer will be black and white.

Post-o. Replace "current" with "old".

The way I see it, perhaps through muddy glasses, is that resigning from the CURRENT term does NOT preclude xxxx from submitting their name as a candidate for the upcoming election for directors. OR having their name on the ballot.

So....how can this person be called a "non-candidate????" If they applied correctly by the deadline?

And it's not true that someone, who failed to apply for candidacy by a certain state-mandated date, can have their name on the ballot. If your bylaws or election rules do not forbid write-in candidates*, perhaps that's what was meant,

What matters is Calif statute, your Bylaws and your election rules, NOT the "back & forth" Between whom & who, by the way.

IF, btw, the "other" board members INDIVIDUALLY sent letters using their own funds to campaign against this person, that's legal.

IF board members sent a group letter OR individual letters using any HOA resources, in CA, the candidate would have been able to also use HOA resources to send such materials. Even if not if not in this HOA's Bylaws, it IS in its election rules. Your HOA had election rules, right Essie??? A new set was mandated by law on 1/1/22 (1/123?)

Look, if this person is so disliked by the rest of the Board, s/he will not be able to get much of anything done anyway.

*As ours do.

I don't know for sure if we have codified election rules, but I'd assume so.

Yes, there was an IOE.

You should be able to find much info on your HOA's website.

I believe your ballot package is required to tell you where to read you election rules.

If your Assoc. via your Board and/or PM did not "go by the book," I guess th section could be invalid.ut then what??? Do you rally want to he expose of a new election????

Says what size is your HOA?